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News (Media Awareness Project) - US CA: Medical Pot Users, Growers Prepare For Legal Fight
Title:US CA: Medical Pot Users, Growers Prepare For Legal Fight
Published On:2010-04-23
Source:Orland Press-Register (Willows, CA)
Fetched On:2010-04-27 21:16:17
MEDICAL POT USERS, GROWERS PREPARE FOR LEGAL FIGHT

Hundreds of people are signing up as litigants in a class action
lawsuit to be filed against Tehama County for its recently approved
medical marijuana cultivation regulations.

Many of the potential litigants, medicinal marijuana growers and
users, met at the Comfort Inn in Red Bluff on Thursday to fill out
forms naming themselves as plaintiffs in a lawsuit being backed by
California NORML, a pro-medical marijuana group dedicated to
reforming California's marijuana laws.

Kathy Prather, c-owner of Tehama Herbal Collective, a medical
marijuana dispensary in Corning, said the lawsuit is to be filed
against the county because of its recent adoption of an ordinance
regulating medicinal marijuana cultivation.

The plaintiff forms included the person's name, address, contact
information and asked the potential plaintiff to write a "description
of how the Tehama County Ordinance 1936 Chapter 9.06 affects you."

Media was not allowed into the Comfort Inn suite where the meeting
was being held. The suite was paid for by Kathy Prather and her husband, Ken.

"We can't let the media in because of people's health information
privacy rights," Kathy Prather explained.

Before the doors were closed, E.D. Lerman, an attorney retained by
California NORML, told the group to expect a "long haul," and she
anticipates that whichever way the lawsuit is settled - for the
plaintiffs or for the county - it will be appealed and could possibly
go as far as the Supreme Court.

The attorney also told the group to start raising money to cover some
of the cost the lawsuit will incur.

"They can't take everyone's rights away," Lerman said. "California
law states (medicinal marijuana) patients can have whatever they need
for themselves and for collectives."

Tehama County Supervisor Bob Williams, who introduced the ordinance,
said he had anticipated something like this taking place.

"They threatened this all along, through the whole process. I stand
by the ordinance and what it means to the county.

Other than that, because of the potential litigation, I can't say
much," Williams said.

Prather said she was not at all surprised by the number of people who
showed up to learn more about the lawsuit and to sign-up as potential
litigants.

"We have over 3,600 people in this county who hold recommendations
for medicinal marijuana," she said. "This is just the beginning."

As he filled out the form, Kenny Kunselman of Rancho Tehama, said, "I
am all about this. They aren't taking my rights away."

Marcy Dorris of Dairyville said she has as much a right grow 99
marijuana plants on her small parcel of land as does someone with 160 acres.

"I wouldn't do that, but I should have the right to if I want to," she said.

The county's marijuana cultivation ordinance regulates where and how
much marijuana people can grow on specified acreage, and sets other
restrictions.

Dan Arion of Red Bluff said he was signing up as a plaintiff because
he had been growing medical marijuana in the same place for three years.

"Now my garden would be considered too close to my fence line and I'm
breaking the law. We grow for the amount we need and we grow for
several other people. What am I supposed to do now," Arion stated.
"This is what I am going to do - I'm joining in this lawsuit."

Ken Prather said he feels very confident about the lawsuit and its outcome.

"CalNORML wouldn't have backed and spearheaded this action if it
wasn't necessary," Prather stated.
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